Scheduling procedures

I. Overview

1. The Commission on Narcotic Drugs exercises its mandated treaty-based "scheduling" functions under agenda item entitled "Implementation of the international drug control treaties: Changes in the scope of control of substances". Under that agenda item the Commission considers proposals to add substances to the schedules/tables or to transfer or delete substances from the schedules/tables.

2. The three main international drug control treaties are: the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol (1961 Convention); the Convention on Psychotropic Substances of 1971 (1971 Convention); and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (1988 Convention).
[1]

3. States parties to these conventions are required to ensure that the mandatory control measures are applied to substances listed in the schedules (for the 1961 and 1971 Conventions) and tables (for the 1988 Convention) which are annexed to these conventions.

4. Decisions to change the scope of control of substances are taken by the Commission on Narcotic Drugs (CND), which is also authorized to consider all matters pertaining to the aims of the international drug control conventions.
[2] The procedures applicable to changes in the scope of control of substances are established by the following articles:

5. As the procedure for changes in the scope of control of substances under the 1961 and the 1971 Conventions are similar, it will be explained here under the same heading. The procedure for changes in the scope of control of substances under the 1988 Convention is explained under a separate heading.

II.Changes in the scope of control of substances under the 1961 and 1971 Conventions

6. Under the 1961 and 1971 Conventions, the request to change the scope of control of substances can be initiated either by a Party or by the World Health Organization (WHO).
[3]

Notification/Initiative

7. The "initiator" notifies the Secretary-General and furnishes him with the information in support of the notification.
[4] Upon receipt, the Secretary-General transmits that notification and any relevant information to the Parties (in form of a note verbale), to the Commission (in form of a Note by the Secretariat) and, when the notification is made by a Party, to the WHO.
[5]

Risk assessment

8. The WHO has an important role under the 1961 and 1971 Conventions in reviewing the harmful effects of substances and making recommendations to the CND as to the scope of international control. Further information on the role of WHO is contained in the
Guidance on the WHO Review of Psychoactive Substances for International Control[6].

9. To enable the Commission to take a decision on these matters, it has before it a Note by the Secretariat on the changes in the scope of control of substances. This note contains the notification and supplementary information transmitted by the Party or WHO to the Secretary-General, as well as additional information on the proposed changes in the scope of control of substances provided by Member States, in response to the note verbale transmitted by the Secretary-General.

Previous Notes by the Secretariat on changes in the scope of control of substances

Control measures: Action to be taken by the Commission under the 1961 and 1971 Conventions

10. In the case of changes in the scope of control of substances under the 1961 and the 1971 Conventions, the Commission decides whether a substance is to be placed under international control. Under the 1961 Convention, it can either accept the recommendation of the WHO concerning changes in the scope of control of substances or abstain from extending control at all. The CND cannot decide to add a substance or preparation to a schedule of the 1961 Convention if WHO has not recommended to do it.
[7]

11. Under the 1971 Convention, the Commission has more discretion. It may decide - contrary to a recommendation of WHO - to add a substance to a schedule of the 1971 Convention or refuse to do so, to add a substance to a different schedule than recommended, or to remove a substance from the schedule in which it is listed or refuse to do so. However, the CND has to take into account the assessment from the WHO, which shall be determinative as to medical and scientific matters, and to bear in mind the economic, social, legal, administrative and other factors communicated to it by the Parties. The Commission may also decide to seek further information from the WHO or from other appropriate sources.
[8]

12. Pursuant to article 3 of the 1961 Convention and article 2 of the 1971 Convention, the Commission takes decisions in the scope of control of substances by voting,
[9] in the following manner:

A
two-thirds majorityof the members of the Commission is required for such decisions under the
1971 Convention.

In the absence of specific provisions to that effect under the 1961 Convention,
a single majorityof the members of the Commission present and voting is sufficient for decisions to add, transfer or delete substances to or from the schedules annexed to the
1961 Convention.
[10]

Nevertheless, the Commission may decide by consensus
not to vote on recommendations concerning changes to the scope of control of substances. For example, the CND, at its 50th session in 2007, decided by consensus not to vote on a WHO recommendation to move dronabinol and its stereoisomers from Schedule II to Schedule III of the 1971 Convention and requested WHO to undertake a review of these substances when additional information became available. After discussion, the Expert Committee on Drug Dependence of the WHO decided at its thirty-fifth meeting in June 2012 that its previous recommendation on dronabinol still stood, and that members of the Committee were unaware of any new evidence that was likely to alter the previous scheduling recommendation. Below is a relevant excerpt from the text of CND decision 50/2:

CND decision 50/2

Review of dronabinol and its stereoisomers

"At its 1277th meeting, on 14 March 2007, the Commission on Narcotic Drugs decided by consensus:

(a) Not to vote on the recommendation of the World Health Organization to transfer dronabinol and its stereoisomers from Schedule II to Schedule III of the Convention on Psychotropic Substances of 1971;

(b) To request the World Health Organization, in consultation with the International Narcotics Control Board, as appropriate, to undertake, for consideration by the Commission, a review of dronabinol and its stereoisomers when additional information became available."

13. Once the Commission has taken decisions concerning the scope of control of substances, any such decision is communicated by the Secretary-General to all States Members of the United Nations, to non-member States Parties to the Conventions, to the WHO and to the International Narcotics Control Board (INCB).
[11]

14. Decisions taken concerning the scope of control of substances of the schedules of the
1961 Convention, become effective with respect to each Party on the
date of its receipt of such communication; decisions taken concerning the 1971 Convention become
effective 180 days after the date of such communication.
[12]

15. Decisions concerning the scope of control of substances taken by the Commission are subject to review by the Economic and Social Council, upon the request of any Party filed within 90 days from receipt of notification of the decision in the case of the 1961 Convention, and within 180 days in the case of the 1971 Convention.
[13] In that case, the Council may confirm, alter or reverse the decision of the Commission, and the decision of the Council shall be final.
[14]

III.Changes in the scope of control of substances under the 1988 Convention

16. Under the 1988 Convention, the request to change the scope of control of substances can be initiated either by a Party or by INCB.
[15]

Notification/Initiative

17. The "initiator" notifies the Secretary-General and furnishes him with the information in support of the notification.
[16] Upon receipt, the Secretary-General transmits that notification and any relevant information to the Parties (in form of a note verbale), to the Commission (in form of a Note by the Secretariat) and, when the notification is made by a Party, to the INCB.
[17]

18. The Parties shall then communicate their comments concerning the notification to the Secretary-General, together with all supplementary information which may assist the INCB in establishing an assessment and the Commission in reaching a decision.
[18]

Risk assessment

19. The INCB has an important role under the 1988 Convention in making a finding on whether a substance is frequently used in the illicit manufacture of a narcotic drug or psychotropic substance and whether the volume and extent of the illicit manufacture of a narcotic drug or psychotropic substance creates serious public or social problems, so as to warrant international action.
[19]

20. To enable the Commission to take a decision on these matters, it has before it a Note by the Secretariat on the changes in the scope of control of substances. This note contains the notification and supplementary information transmitted by the Party or INCB to the Secretary-General, as well as additional information on the proposed changes in the scope of control of substances provided by Member States, in response to the note verbale transmitted by the Secretary-General to Member States. (See paragraph 8, above).

Control measures: Action to be taken by the Commission under the 1988 Convention

21. In the case of changes in the scope of control of substances under the 1988 Convention, the Commission, when taking a decision, takes into account the assessment from the INCB, which shall be determinative as to scientific matters, and takes into due consideration any other relevant factors.
[20]

22. Pursuant to article 12(5) of the 1988 Convention, the Commission may decide changes to the scope of control of substances in the tables by a two-thirds majority of its members. In the past ten years, the Commission has always taken decisions regarding changes to the scope of control of substances under the 1988 Convention by voting.
[21]

23. Once the Commission has taken decisions concerning the scope of control of substances, any such decision is communicated by the Secretary-General to all States and other entities which are, or which are entitled to become, Parties to the 1988 Convention, and to the INCB.
[22]

24. Decisions taken concerning the scope of control of substances of the tables of the 1988 Convention become fully effective with respect to each Party 180 days after the date of such communication.
[23]

25. Decisions concerning the scope of control of substances taken by the Commission are subject to review by the Economic and Social Council, upon the request of any Party filed within 180 days from receipt of notification of the decision.
[24] In that case, the Council may confirm or reverse the decision of the Commission.
[25]

IV. Additional information and references

26. Between 2000 and 2016, the Commission considered changes in the scope of control of substances at eight occasions:

2001:

In 2001, the Commission decided to include 4-bromo-2,5-dimethoxyphenethylamine (2C-B), α-methyl-4-methylthiophenethylamine (4-MTA),
γ-hydroxybutyric acid (GHB) and zolpidem in different schedules of the 1971 convention,
[26] upon recommendation of WHO. It also decided to transfer acetic anhydride and potassium permanganate from Table II to Table I of the 1988 Convention,
[27] upon recommendation by INCB.

2003:

In 2003, the Commission followed a recommendation of WHO and decided to include amineptine in Schedule II of the 1971 Convention.
[28]

2007:

In 2007, the Commission decided to include oripavine in Schedule I of the 1961 Convention.
[29] However, it also decided not to vote on the recommendation of WHO to transfer dronabinol and its stereoisomers from one schedule of the 1971 Convention to another, instead requesting WHO, in consultation with INCB, as appropriate, to undertake, for consideration by the Commission, a review of these substances when additional information became available.
[30]

2010:

In 2010, the Commission decided, upon recommendation of INCB, to transfer phenylacetic acid from Table II to Table I of the 1988 Convention.
[31]

2013:

In 2013, the Commission decided, upon recommendation of WHO, to transfer gamma-hydroxybutyric acid (GHB) from Schedule IV to Schedule II of the Convention on Psychotropic Substances of 1971.
[32]

2014:

In 2014, the Commission decided, upon recommendation of INCB to include alpha-phenylacetoacetonitrile (APAAN) and its optical isomers in Table I of the 1988 Convention. [33] At the same meeting, the Commission voted on the draft decision on the transfer of dronabinol and its stereoisomers from Schedule II to Schedule III of the 1971 Convention. However, the decision was not adopted. [34]

2015:

In 2015, the Commission decided to include mephedrone (4-methylmethcathinone) in Schedule II of the 1971 Convention [35].

With regard to ketamine, the Commission decided by consensus to postpone the consideration of the proposal of the Government of China to place ketamine in Schedule IV of the Convention on Psychotropic Substances of 1971 and to request additional information from the World Health Organization and other relevant sources. [36]

The Commission also decided to include AH-7921 in Schedule I of the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol. [37]

Due to their widespread industrial uses, the Commission further decided by consensus not to place
gamma-butyrolactone (GBL) and 1,4-butanediol under international control, as recommended by WHO. [38]

At the same meeting, the Commission decided to add 25B-NBOMe (2C-B-NBOMe), 25C-NBOMe (2C-C-NBOMe) and 25I-NBOMe (2C-I-NBOMe) to Schedule I of the Convention on Psychotropic Substances of 1971. [39]

With regard to
N-benzylpiperazine (BZP), JWH-018, AM-2201, 3,4-methylenedioxypyrovalerone, and methylone (
beta-keto-MDMA), the Commission also decided to follow the recommendations by WHO for inclusion in Schedule II of the Convention on Psychotropic Substances of 1971. [40]

2016:

In 2016, the Commission decided to include acetylfentanyl in Schedules I and IV, [41] and MT-45 in Schedule I of the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol. [42]

It further decided to place
para-methoxymethylamphetamine (PMMA) in Schedule I of the Convention on Psychotropic Substances of 1971. [43]

The Commission followed the proposal by WHO to add α-pyrrolidinovalerophenone (α-PVP), para-methyl-4-methylaminorex (4,4'-DMAR) and methoxetamine (MXE) in Schedule II of the 1971 Convention. [44]

Finally, it decided to include phenazepam in Schedule IV of the Convention on Psychotropic Substances of 1971. [45]

2017:

In 2017, the Commission decided to include
U-47700 and butyrfentanyl in Schedule I of the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol. [46]

The Commission also decided to include 4-MEC (4-methylethcathinone), ethylone, pentedrone, ethylphenidate, MPA (methiopropamine), MDMB-CHMICA, 5F-APINACA (5F-AKB-48) and XLR-11 in Schedule II of the Convention on Psychotropic Substances of 1971. [47]

Furthermore, the Commission decided to include 4-anilino-
N-phenethylpiperidine (ANPP) and
N-phenethyl-4-piperidone (NPP) in Table I of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. [48]

27. All resolutions and decisions adopted by the CND, the Economic and Social Council and the General Assembly on drug-related issues, are available on the
CND website as well as on the
Official Document System.

[1] Full text published in "The International Drug Control Conventions", United Nations Publication.

[9] Decisions can be taken by show of hands or roll-call. Roll-call procedure shall be taken in the English alphabetical order of the names of the States represented on the commission, beginning with the State whose name is drawn by lot by the Chairman. The representative shall reply "yes", "no" or "abstention".

[10] See Rule 58(1) of the Rules of Procedure of the Functional Commissions of ECOSOC.